Nelson v Cooks McWilliams Wines Ltd - [1986] 2 NZLR 215

Contract — Price fixing machinery — Failure of machinery for determining price — Contract for the sale and purchase of grapes provided, in cl 4(a), that disputes over the price payable for grapes shall be resolved by members of a Grape Purchasing Committee and representatives of a Grape Growers Association — Grape Purchasing Committee was never established — Contract also provided that no dispute as to the price shall be referred to arbitration and that all matters relating to price shall be within the sole discretion of the grape pricing procedures provided in cl 4(a) — Whether contractual price fixing machinery constituted a submission to arbitration — Whether contractual machinery for determining price was an essential part of the contract — Whether Court would supply omission by treating contract as an agreement to sell at a fair and reasonable price — Whether contract was unenforceable.